DHS 68.08 HistoryHistory: Cr. Register, March, 1989, No. 399, eff. 4-1-89; corrections in (1) (c), (2) (a) and (b) made under s. 13.92 (4) (b) 7. Stats., Register November 2008 No. 635; CR 17-032: r. and recr. Register June 2018 No. 750, eff. 7-1-18.

DHS 68.09DHS 68.09 Method of payment. The payment by an administering agency for goods and services shall be made using one or more of the following methods:

DHS 68.09(1)(1) Payment made to a service provider on behalf of the person with dementia or the person’s caregiver.

DHS 68.09(2)(2) Payment made to a service provider under contract with the administering agency to develop new programs or to expand services.

DHS 68.09(3)(3) Payment made to the household of a person with dementia pursuant to accounting requirements set forth by the administering agency.

DHS 68.09(4)(4) Payment made to a residential facility in which a person with dementia resides for the purchase of goods or services, or both, pursuant to accounting requirements set forth by the administering agency. Payments may not be made to cover the cost of goods or services that a residential facility is required to provide under a program, other than the Alzheimer’s family and caregiver support program.

DHS 68.09 HistoryHistory: Cr. Register, March, 1989, No. 399, eff. 4-1-89; CR 17-032: am. (1) to (4) Register June 2018 No. 750, eff. 7-1-18.

DHS 68.10DHS 68.10 Hearing.

DHS 68.10(1)(1) Jurisdiction. Any household or individual participating in the program or caregiver may appeal the following actions by an administering agency:

DHS 68.10(1)(b)(b) The calculation of funds to be paid to or expended for a household or a person with dementia living in a residential facility and participating in the program.

DHS 68.10(1)(c)(c) Reduction, suspension, limitation or termination of goods and services provided under this chapter.

DHS 68.10(1)(e)(e) Change of method of payment for goods and services provided under this chapter.

DHS 68.10(1)(f)(f) Change of the maximum amount payable in a calendar year to or on behalf of any participating person with dementia.

DHS 68.10(2)(2) Notification of appeal rights. At the time an administering agency takes any of the actions under sub. (1), it shall inform the household, individual participating in the program, any caregiver, and any guardian or protective payee, in writing, of the right to a hearing under this chapter and of the procedure for requesting a hearing.

DHS 68.10(3)(3) Request for hearing. A household or individual participating in the program or caregiver wishing to contest an action under sub. (1) shall file a written request for a hearing with the department of administration’s division of hearings and appeals within 45 days after the date of the action for which review is sought. A hearing request shall be considered filed on the date of receipt by the division of hearings and appeals.

DHS 68.10 NoteNote: The mailing address of the Office of Administrative Hearings is P.O. Box 7875, Madison, Wisconsin 53707-7875.

DHS 68.10(4)(4) Arrangements for a hearing. In response to a request for a hearing under this section, the director of the office of administrative hearings shall appoint a hearing examiner, set a date for the hearing and notify the parties at least 10 days before the hearing of the date, time and place of the hearing and of the procedures to be followed.

DHS 68.10 HistoryHistory: Cr. Register, March, 1989, No. 399, eff. 4-1-89; CR 17-032: am. (1) (a) to (f) Register June 2018 No. 750, eff. 7-1-18.

DHS 68.11DHS 68.11 Exceptions to requirements. The department may grant an exception to an administering agency of any requirement made of the administering agency under this chapter, except a requirement under s. DHS 68.03 or 68.10 (2), if the department is convinced that an alternative to the requirement meets the intent of and is in compliance with s. 46.87, Stats. The department shall respond in writing to a written request for an exception within 30 days after receiving the request.